West Chester reviewing parking permit restrictions

WEST CHESTER — The borough’s parking committee continued to evaluate the possibility of adding restrictions to the municipality’s current residential parking permit program at its monthly meeting Monday.

Under the current program, residents able to prove ownership and two proofs of residency are entitled to as many passes equivalent to the number of vehicles owned.

At January’s meeting, the committee sought to gather an opinion from the borough’s solicitor on whether the borough could limit passes in the first unit of a multiple-dwelling complex to four with subsequent units allowed two. A change would be implemented only to those areas identified as significantly impacted by parking problems such as in the southeast quadrant of the borough.

Borough Solicitor Kristin Camp issued her opinion on the inquiry stating this would be a lawful exercise of council’s police power, though offered one caution.

“I do think that allocating the permits in a manner which is not consistent for all dwelling units leaves the borough susceptible to criticism and possible legal challenges that it is violating the equal protection clause by not treating owners/occupants of multi-family dwellings the same as owners/occupants of single family dwellings,” Camp said. “While I think this would be a difficult case to prove, an equal protection claim could not even be raised if all dwelling units were provided the opportunity to obtain the same number of parking permits.”

To implement a change the borough must first decide what the limit will be and then identify what areas to enforce as well as what criteria will be used to determine those severely impacted areas.

Since many parts of the borough are comprised of apartments and dwellings consisting of multiple units, this can put stress on blocks, which contain a higher than average number of units. These areas are common in the southwest portion of the borough, which is made up of primarily student residents.

The borough sought guidance in the issue from its solicitor Kristin Camp. In a memorandum from last year, Camp said an ordinance restricting the number of residential parking passes a person or a dwelling unit could obtain would not violate any constitutional rights “as long as the regulations are neither oppressive nor unreasonable and are related to a legitimate governmental interest.”

“I think one of the things we need to know are how many parking spaces are available,” said Council President Holly Brown.

Committee members were interested in exploring the idea further though wanted a clearer picture of their options in addition to more information on the impacted areas.

Since a change would primarily affect residents in the southeast where rental properties are a high percentage of the housing, some residents spoke to the change as an unfair burden on the university students.

Landlord John O’Connell said he is upset to see a trend where discussions concerning borough residents seem to dismiss renters as residents.

“We are creating a real problem for their quality of life,” O’Connell said to the possibility of a change. “It’s morally unfair.”

Resident Joe Norley said rental properties need to be reduced in the borough.

“What needs to be encouraged in this town is a return to single family and owner occupied dwellings.

Norley said a change would improve the quality of life for everyone.

While students are not a protected class of citizen under zoning regulations, they must be treated the same when it comes to parking and residency.

Another resident and landlord said she has lived in the borough for 27 years and has only seen a parking problem in the past year.

“There is many different reasons it’s not just because the students are in these houses,” she said. “They are the same students I’ve rented to for forever so where are all the rest of these cars coming from.”

Councilman and Committee Member Jordan Norley who represents Ward 4 in the southeast said he has seen a serious density problem in his ward.

“I know a lot of my neighbors have issues parking and have voiced it to me,” Jordan said. “I’m not saying its students, but its renters. There is a limited supply of parking spaces. It’s come to the point even the parking permit system might not be adequate enough to address the needs of residents.”

Jordan said it’s important to maintain a balance of residents in the borough.

A limitation on parking permits to residents could theoretically extend to a restriction on guest passes as well.

Committee members decided to continue discussion at next month’s parking committee meeting.